TERMS AND CONDITIONS
By MAKING IN APP PURCHASES ON THE RUSHTUSH APP(“THE APP”), you warrant that you are at least 18 years old or have YOUR parents' permission to PURCHASE AND USE THE SERVICES. By using this APP OR RUSHTUSH’S SERVICES you agree to observe all terms & conditions, including any privacy or other policies which may appear elsewhere on this APP. If you do not agree with any term of these Terms and Conditions, you must cease your USE of this APP OR RUSHTUSH’S SERVICES immediately.
IMPORTANT NOTICE
Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between You and Rushtush (Pty) Ltd (“Rushtush”). It is your responsibility to read the clauses referred to:
• By accessing this App or using the Services, you are agreeing to these Terms. If you do not agree to these Terms, do not use the App or purchase Services (clause 2.2).
• You give Rushtush permission to use and process certain of your personal information (clause 16)
• You limit Rushtush’s liability and indemnify Rushtush for various acts or omissions. In particular you agree that Rushtush is not liable for any loss you may suffer due to your use of this App or the Services (clause 17).
1. Definitions and Interpretation
1.1. “Services” mean any products or services available on this App or provided by Rushtush.
1.2. “Rushtush” means Rushtush (Pty) Ltd a company incorporated in terms of the company laws of South Africa with registration number 2012/170058/07 and Registered address at 3 Dock Road, Waterfront, Cape Town, South Africa, 8001.
1.3. “You” or the “user” means any person who accesses this App for any purpose or purchases or uses any of the Services.
1.4. “App” means the Rushtush app.
2. Use Subject to these Terms and Conditions
2.1. Your use of and access to this App and your use and purchase of Services is at all times governed by the terms of these terms and conditions, and by accessing this App or purchasing a Service, you agree to adhere to the provisions thereof. Your agreement to these terms and conditions will be deemed to have been given on the date when you first accessed this App or purchased the Services.
2.2. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CEASE YOUR ACCESS OF THIS APP OR YOUR USE OF THE SERVICES IMMEDIATELY.
2.3. These terms and conditions include Rushtush’s Privacy Policy, which is included herein by reference.
2.4. Please note that, due to legal and other developments, Rushtush may be required to amend these terms and conditions from time to time without notice. It is your duty to remain appraised of the current version of these terms and conditions. Please refer to the last revision date at the top of this document. Continued use of the App subsequent to any amendments having been affected constitutes your acceptance of the terms and conditions as amended.
3. Registration of Account on App
3.1. Prior to accessing the services, you must create an account on the App and you accept that you are solely responsible for the consequences of your use of your account and for maintaining it and all information in it.
3.2. You agree:
3.2.1. not to use your account to commit any unlawful activity, or in a way which is likely to be defamatory or cause offense;
3.2.2. not to divulge your username or password to any other person; and
3.2.3. not to impersonate any other person in dealing with Rushtush, and particularly not to access the App using another user’s username and password.
4. Services
4.1. All Services displayed on the App are limited and are subject to availability.
4.2. The Services, available on the App are for your personal use only. You may not sell or resell any of the services, products or samples you receive from Rushtush. If, in Rushtush’s sole discretion, it believes that any order for services to be provided to you may result in the violation of these Terms, Rushtush reserves the right, with or without notice, to terminate such order.
4.3. Rushtush does not make any promises, representations, warranties or guarantees with reference to the Services except such as are consistent with these Terms or as are expressly authorised by Rushtush in writing.
4.4. Rushtush will make all reasonable attempts to ensure that when a particular service is no longer available the service, in particular, is removed from the App.
4.5. If Rushtush is un able to fulfil any Order because the item is no longer available, you will be informed and entitled to a reimbursement for the rand value you have paid for such item.
4.6. Rushtush reserves the right to communicate any service changes to you on the App, which may include but is not limited to, the discontinuation of Services and name changes.
4.7. All digital Services including ebooks, pdf-downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download, and online content sold is licensed to a single user only. Customers are prohibited from copying, distributing, sharing and/or transfering the product/s and services (and/or their associated username/passwords) they purchased to any third party or person. In some cases, Rushtush may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital products to ensure additional safety.
5. In-App Purchases
5.1. The App allows you, the User, to place in-App purchases ("Purchase") for one or more Services on offer as long as the Services are available.
5.2. An In-App Purchase is purchased from and billed by the Apple App Store, not by Rushtush.
5.3. All in-App Purchase is subject to the terms, conditions and other licensing arrangements specified by the Apple App Store.
5.4. In-App Purchases are processed securely via the payment gateway used by the Apple App Store.
5.5. You must take up with the Apple App Store directly any payment-related issues you experience with an in-App purchase or return requests.
6. Payment and Subscriptions:
6.1. Once payment is made, it is deemed that you have read and understood these Terms so do not make in-App purchases unless you understand and agree to all the Terms and Conditions.
6.2. Subscriptions are available as in-App Purchases. With a subscription you pay to access Services for a period of time, our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected until cancelled.
6.3. Different subscription plans may be offered depending on your location or place of purchase.
6.4. Only one subscription option may be selected at a time.
6.5. A once-off purchase price or monthly subscription for the Services will be set out on the App and is subject to change.
6.6. Subscriptions will be billed on a monthly basis through the Apple App Store on the commencement day of your first paid subscription.
6.7. Subscriptions will continue month to month until terminated.
6.8. Unless the subscription is cancelled 24 hours before the monthly renewal date, the following month’s fees and charges will be charged to your credit card.
6.9. In order to avoid any misunderstanding, please note that the term of a subscription is determined by calendar and is independent from your use or extent of your use of the respective Services.
6.10. Subscriptions will automatically be suspended if the recurring payment fails, should you with to reinstate your Service, you will need to update your payment details with a new card.
6.11. Subscription fees will apply regardless of whether or not you use your subscription.
6.12. All payments must be made in South African rands (ZAR). Your total Order price will include the price of the purchase plus any applicable sales tax (VAT), and payment fees.
6.13. Rushtush reserves the right to change pricing at any time without prior notice.
7. Cancellation, Returns or Refunds
7.1. Subject to these Terms, you may cancel your subscription at any time with immediate effect and receive a pro-rata refund via Apple’s subscription platform.
7.2. All in-App purchases must be cancelled within your Apple Subscriptions.
7.3. Should you fail to cancel your subscription in the correct manner within 24 hours before your current billing ends, your subscription will continue and you will be billed again at the start of each new billing period.
7.4. After cancelling your subscription, you will be able to continue using the App for the entire course of the remaining billing cycle you have paid for.
7.5. Deleting your account or the App, does not cancel your subscription.
7.6. You must disable the ‘auto-renew function’ / cancel your subscription in your device settings, or through the Apple App Store.
7.7. Rushtush does not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
7.8. Should the CPA be applicable to these Terms, the relevant Purchase, or to you as the case may be, the provisions of these Terms will not be interpreted to exclude your rights under sections 54, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in these Terms, you will have no rights in respect of quality of service, or implied warranty of quality beyond those explicitly stated in those sections.
8. Your health and using the Services
8.1. Use of the Services is at your own risk and by making use of the services you warrant that you are in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before making use of the Services.
8.2. The Services and information offered by Rushtush do not constitute medical advice or a doctor's advice. Nor are they a substitute for a medical examination or treatment by a doctor.
9. Content
9.1. All information viewed or accessed from this App is provided “as is” without any warranty, whether express or implied unless this is specifically imposed by law.
9.2. All material included in the App is intended for information purposes only and does not represent legal advice. You are hereby placed under notice that you should take appropriate steps to verify such information.
9.3. You should not act or refrain from acting on the information contained in this App without first verifying the information and as necessary obtaining legal and/or professional advice.
9.4. The contents of the App should under no circumstances be seen as a quotation or invitation to do business.
9.5. Any use of or reliance on this App, the contents of this App or the information provided through this App will be at your sole risk. Rushtush makes no representations or warranties whatsoever as to the accuracy of the information contained in this App.
9.6. Rushtush does not warrant that this App or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by Rushtush will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this App.
10. Third Party Sites
10.1. The App contains hyperlinks to websites owned and / or operated by third parties. Rushtush is not responsible for the content of such websites and does not endorse or approve the contents thereof.
10.2. Rushtush consequently does not accept any liability in connection with any third party websites or apps that may be linked to this App (regardless of whether or not a link has been permitted by Rushtush) and is not responsible for the content of any website or app that is linked to this App. The fact that a website or app is linked to this App does not imply that Rushtush sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website or app.
11. Intellectual Property
11.1. Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in this App is owned by Rushtush, which asserts and reserves all of its rights in this regard. Access to or use of this App will not in any way result in an assignment or license of any intellectual property owned by Rushtush or any other party.
11.2. The contents of this App may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of Rushtush.
11.3. No other use of this App is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this App, include the content of this App in or with any Service that you create or distribute, or copy the content of this App onto your own or another's website or app, unless as set out in these terms and conditions.
12. Linking, Framing and Crawling
12.1. The express permission in writing of Rushtush is required before any hyperlink other than to the Home Page of this App is created. Permission, if granted, will be subject to the condition that the party linking to this App alerts users to the application of these terms and conditions. Requests for permission can be emailed to info@rushtush.co.za.
12.2. Permission to link to this App is given without assumption of any liability. Rushtush reserves the right to withdraw permission granted to link to this App at any time and for any reason.
12.3. The express permission in writing of Rushtush, which may be subject to conditions, is required before this App, any of its pages and/or any of the information contained on the App is framed. Requests for permission can be emailed to info@rushtush.co.za.
12.4. Apart from bona-fide search engine operators and use of the search facility provided on the App for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the App for any purpose without the prior written consent of Rushtush.
13. Security
13.1. Rushtush will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this App or attempts to gain unauthorized access to any page on this App.
13.2. While Rushtush takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this App or by destructive data or code that is passed on to you through the use of this App.
14. Personal Information
14.1. When you access or use the App, sign up for a Rushtush newsletter, opt into marketing communication, register an account, conclude a purchase or transaction, or send an email to info@rushtush.co.za, you agree to receive electronic communication from Rushtush and you are able to ‘opt out’ at any given time.
14.2. FURTHER INFORMATION REGARDING THE MANNER IN WHICH RUSHTUSH RESPECTS THE PRIVACY OF USERS’ PERSONAL INFORMATION IS CONTAINED IN THE POLICY.[https://rushtush.liquidpreview.net/app-privacy-policy]
15. Disclaimer Warranties and Liability and Indemnity
15.1. For the purposes of this clause “damages” means and includes:
15.1.1. all losses, liabilities, and damages relating to or arising from these Terms or the Services, howsoever arising, whether out of breach of express or implied warranty, misrepresentation, negligence, vicarious or strict liability, in delict or otherwise, and whether foreseen or not; and
15.1.2. any legal costs (including legal fees at an attorney and own client scale and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) or other costs, claims or demands.
15.2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY FOR ANY INDIRECT DAMAGES (INCLUDING CONSEQUENTIAL, EXTRINSIC, SPECIAL OR INCIDENTAL LOSS OR DAMAGES WHICH WILL INCLUDE BUT NOT BE LIMITED TO LOSS OF PROPERTY OR LOSS OF PROFIT, BUSINESS, GOODWILL, REVENUE OR ANTICIPATED SAVINGS), OR AGGRAVATED DAMAGES IN CONNECTION WITH THE USE OF THE PRODUCTS OR THE USE OR INABILITY TO USE THIS APP WHETHER DIRECTLY OR INDIRECTLY RESULTING FROM INACCURACIES, DEFECTS, ERRORS, WHETHER TYPOGRAPHICAL OR OTHERWISE, OMISSIONS, OUT OF DATE INFORMATION OR OTHERWISE, EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE AND RUSHTUSH HAD BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
15.3. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ALL CLAIMS BROUGHT BY EITHER PARTY AGAINST THE OTHER PARTY EXCEED THE PURCHASE PRICE OF THE SERVICES.
15.4. BY PLACING AN ORDER ON THE APP YOU AGREE IN THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT YOU SHALL HAVE NO CLAIM WHATSOEVER AGAINST RUSHTUSH, AND THE YOU HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE RUSHTUSH FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, ACTIONS, PROCEEDINGS, CLAIMS AND DEMANDS (INCLUDING, WITHOUT LIMITATION, ANY ACTION, PROCEEDING, CLAIM OR DEMAND INSTITUTED OR MADE BY ANY CUSTOMER OR OTHER PERSON WHOMSOEVER) AND LEGAL AND OTHER COSTS AND EXPENSES (INCLUDING LEGAL COSTS ON AN ATTORNEY AND OWN CLIENT SCALE) OF WHATSOEVER NATURE AND HOWSOEVER ARISING (INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH OR ARISING FROM INJURY OR DEATH OR ANY LOSS OF OR DAMAGE TO ITS OR ANY OTHER PERSON’S PROPERTY) WHICH YOU OR ANY OTHER PERSON MAY INCUR OR SUFFER ARISING FROM THE USE OF THE PRODUCTS OR MATTERS CONNECTED THEREWITH OR RELATED THERETO.
15.5. Rushtush does not make any representations or guarantees that the use of the Services will result in any success and results may vary strongly between individuals despite the same use of the Services.
16. Jurisdiction
16.1. These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and Rushtush both agree to submit any dispute arising out of the use of this App to the exclusive jurisdiction of the courts of the Republic of South Africa.
17. Disputes
17.1. Should any dispute of whatsoever nature arise between us and you concerning these Terms, either party must try to resolve the dispute by negotiation within 10 (ten) business days from date of a written invitation by either party.
17.2. If the dispute has not been resolved by such negotiation, either party may submit, by written notice to the other, the dispute to the Arbitration Foundation of Southern Africa (“AFSA”) for administered mediation, upon the terms set by the AFSA. The receipt by either party of a notice as aforesaid, will constitute the submission of the dispute to arbitration for the purposes of delaying the completion of prescription in terms of section 13 of the Prescription Act No. 68 of 1969 or the corresponding provisions in any amendment thereto or replacement legislation.
17.3. Failing such a resolution, the dispute, if arbitrable in law, will be finally resolved in accordance with the Rules of the AFSA by an arbitrator or arbitrators appointed by AFSA.
17.4. This clause constitutes an irrevocable consent by the parties to any proceedings in terms hereof and neither of us will be entitled to withdraw from the provisions of this clause or claim at any such proceedings that it is not bound by this clause.
17.5. The aforegoing will not restrict the right of either party to apply to a competent court for relief of an urgent nature or should its intellectual property rights be violated or threatened.
17.6. Pending final settlement or determination of a dispute, the parties shall continue to perform their subsisting obligations hereunder.
18. General
18.1. These terms and conditions contain the record of the entire agreement between users and Rushtush in respect of access to and use of the App and the purchase and use of the Services.
18.2. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
18.3. Rushtush’s omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by Rushtush in writing.
18.4. Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.
19. Support and Questions
We will respond to any questions regarding the Services and these Terms via info@rushtush.co.za.